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GERRUTH REALTY CO. v. PIRE

17 Wis.2d 89 (1962)

GERRUTH REALTY COMPANY, Appellant, v. PIRE and wife, Respondents.

Supreme Court of Wisconsin.

June 5, 1962.

Attorney(s) appearing for the Case

For the appellant there was a brief by Hansen, Eggers, Berres & Kelley of Beloit, and oral argument by Larry J. Eggers.

For the respondents there was a brief by Robson, Daniel & Robson, and oral argument by Marshall W. Robson and John E. Borgerding, all of Beloit.

HALLOWS, J.

Contracts of purchase or offers to purchase containing "subject to financing" clauses are fairly common and the clauses have been construed frequently as constituting a condition precedent to the buyer's performance.1 The initial question in reference to such a contract is whether it is definite enough to be sustained or, if indefinite, whether it may be given a meaning which renders the contract certain. Courts are not inclined...

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